Transport Administration Act 1988

A rail authority may acquire rail infrastructure facilities for purposes that are consistent with its objectives.

Rail infrastructure facilities that a rail authority is authorised to acquire under this clause may be acquired by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 (as applied by this clause) for the purposes referred to in subclause (1).

The Land Acquisition (Just Terms Compensation) Act 1991 applies with the following modifications—

a reference in that Act to land includes a reference to rail infrastructure facilities and any interest in such facilities,

a reference in that Act to the owner of land includes a reference to the owner of rail infrastructure facilities or any person who has an interest in rail infrastructure facilities,

sections 6, 7A, 7B, 12(1)(a), (4) and (5), 17 and 18, Division 3 of Part 2, sections 29, 31(5), 37A, 55(e) and (f), 60 and 62 of that Act do not apply.

Sydney Trains and NSW Trains may not give a proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991 without the approval of the Transport Secretary.

TAM may not give a proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991 without the approval of the Minister.

For the purposes of the Public Works Act 1912, any such acquisition is taken to be for an authorised work and the rail authority is, in relation to that authorised work, taken to be the Constructing Authority.

Part 3 and section 91 (b) of the Public Works Act 1912 do not apply in respect of an acquisition under this clause.

Despite the exclusion by subclause (6) of the provisions of section 91(b) of the Public Works Act 1912 in respect of works constructed for the purpose referred to in this clause, a rail authority at its discretion maintains such fences in connection with the works as it thinks fit.

This clause applies in respect of rail infrastructure facilities severed from the land by operation of this Act or any other law.

In this clause, rail authority means TAM, Sydney Metro, Sydney Trains, NSW Trains or TfNSW.